The People of the State of New York, Appellant v. Andrew D. Blim, Respondent

Summary

The New York Court of Appeals reversed the Appellate Division and remanded the case, holding that the trial court properly refused to submit criminal trespass in the third degree as a lesser‑included offense of burglary because there was no rational basis to accept part of the prosecution’s evidence while rejecting another. The decision rests on the requirement that a lesser‑included charge must be supported by an identifiable rational basis to discredit essential testimony.